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(영문) 서울서부지방법원 2014.09.25 2014노288
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Of the judgment of the court below in the misconception of facts, as to the fraud of KRW 300 million on August 27, 2009, No. 30 million on August 27, 2009, and the fraud of KRW 100 million on December 29, 2009, the defendant did not have actually received each part of the above amount from the victim, and the defendant was found guilty of the above amount as to the sum of KRW 300 million on August 7, 2009, No. 8, No. 300 million on September 4, 2009, and KRW 270 million on September 4, 2009, and KRW 100,000 on September 16, 2010, the court below erred by preparing a cash custody certificate of KRW 300,000,000,000,000,000,000 won on August 28, 2009.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is unreasonable.

2. Judgment on the assertion of mistake of facts

A. Summary of the facts charged

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